Bill Text: CA SB56 | 2023-2024 | Regular Session | Chaptered
Bill Title: University of California: transfer of real property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-09-27 - Chaptered by Secretary of State. Chapter 764, Statutes of 2024. [SB56 Detail]
Download: California-2023-SB56-Chaptered.html
Senate Bill
No. 56
CHAPTER 764
An act to amend Section 10513 of the Public Contract Code, relating to public contracts.
[
Approved by
Governor
September 27, 2024.
Filed with
Secretary of State
September 27, 2024.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 56, Skinner.
University of California: transfer of real property.
Existing provisions of the California Constitution provide that the University of California constitutes a public trust and requires the university to be administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including such competitive bidding procedures as may be applicable to the university by statute for the letting of construction contracts, sales of real property, and purchasing of materials, goods, and services. Existing law requires the regents to give prescribed public notice to bidders of the sale of university real property situated in California that is estimated at more than $1,000,000 in net value to the university. Existing law requires the regents to accept in public a bid for the sale that offers the best combination of
price, terms, and bidder’s qualifications to the university, or reject all bids or proposals. Existing law exempts certain transactions from these publication and award procedures.
This bill would additionally exempt from certain publication and award procedures the transfer of specified real property in the City of Berkeley from the regents to the Berkeley Student Cooperative for the purpose of maintaining affordable housing. This bill would require the regents to reserve a right of reverter for the University of California that may be subordinated at the discretion of the regents and would be subject to existing liens and obligations of the property, in the event the property ceases to be used for affordable housing by the Berkeley Student Cooperative and its successors or assigns.
This bill would make legislative findings and declarations as to the necessity of a special statute for the transfer of that
real property.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 10513 of the Public Contract Code is amended to read:10513.
The publication and award procedures set forth in this article shall not be applicable to any of the following:(a) The sale of an undivided or fractional ownership interest in real property.
(b) A sale of a right of use in real property that is less than fee ownership.
(c) A sale of real property subject to title conditions or restrictions on the university’s ownership deriving from the origin of that ownership by gift, devise, or otherwise, if that sale would be inconsistent with those title conditions or restrictions.
(d) The disposition of real property acquired through exercise of a power of
sale pursuant to a deed of trust, foreclosure, deed in lieu of foreclosure, transactions when property is accepted in settlement of a defaulted mortgage, legal settlement, or held as an asset in the university’s investment portfolio.
(e) A sale of public lands under the direction of the federal land agent.
(f) A sale to a person or entity who will dedicate the real property to public use.
(g) A sale of real property acquired after January 1, 1985, through eminent domain proceedings initiated by the Regents of the University of California. In those cases, the person from whom the property was acquired shall be notified and be accorded an exclusive opportunity for 90 days to purchase the property at its fair market value. If the person fails to undertake proceedings to purchase the property within 90 days, the
procedures specified in Sections 10511 and 10512 shall then be followed in the sale of the property.
(h) An exchange to acquire real property of another person or entity for university purposes. Any exchange shall be upon terms and conditions agreed to by the exchanging parties.
(i) The transfer of the Rochdale Apartments located at 2424 Haste Street, in the City of Berkeley, County of Alameda, Assessor Parcel Number 55-1881-17-1, from the Regents of the University of California to the Berkeley Student Cooperative for the purpose of maintaining affordable housing. The Regents of the University of California shall reserve a right of reverter, which may be subordinated at the discretion of the regents and would be subject to existing liens and obligations of the property, in the event the property ceases to be used for affordable housing by the Berkeley Student Cooperative and its
successors or assigns.
